[nfbmi-talk] is this your experience?
joe harcz Comcast
joeharcz at comcast.net
Mon Aug 23 16:07:21 UTC 2010
http://www.mpas.org/Article.asp?TOPIC=10650
Michigan Protection & Advocacy Service
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Vocational Rehabilitation Services
VOCATIONAL REHABILITATION SERVICES
Vocational Rehabilitation (VR) Services are provided through State Designated Agencies with federal funding. VR services are any services identified in
the Individual Plan for Employment as necessary to assist an individual to prepare for, secure, retain or regain an employment outcome that is consistent
with the strengths, resources, priorities, concerns, abilities, capabilities, interests and the informed choice of the individual. VR services are not
an entitlement program. In order to be considered an eligible individual, a person must:
Have a significant disability
Have an impediment to employment
Be able to benefit from a rehabilitation program.
Applying for services
Applications for services cannot be denied to anyone. The state VR agency must prove that an individual could not benefit from services with clear and convincing
evidence based on the severity of the disability. If it is unclear what kinds of services are needed, the VR agency must give the customer trial work experiences
to determine what services would be helpful. Someone who is receiving Social Security Disability benefits (SSI of SSDI) is considered an eligible individual.
A determination of eligibility must be made within 60 days.
Individual Plan for Employment IPE (formerly IWRP)
The IPE is the agreement between the state VR agency and the eligible individual. After meeting with a qualified VR counselor, an IPE is written. It includes
a stated vocational goal, the services needed to obtain the goal, how the services will be paid for, who will provide the services.
There is a place on the IPE for the individual to say in her-his own words why this plan was developed and how they feel about it. The VR customer is the
partner in this process. The service providers and the methods to procure the services are to be selected by the individual. The IPE must be signed by
the individual and the VR counselor.
The IPE must be reviewed at least annually. The plan must be amended by the individual and the VR representative when there are substantive changes in the
employment goal, the services to be provided and the service providers. Any amendments do not take effect unless signed and agreed to by the individual
and a qualified VR counselor.
Scope of Services Available
assessment
counseling, guidance, and work-related placement services, job search assistance, placement assistance, job retention service
personal assistance services
vocational and other training services
services to the families of such individuals
higher education
physical and mental restoration services, including but not limited to therapeutic treatment necessary to correct or substantially modify
hospitalization in connection with surgery or treatment
diagnosis and treatment for mental and emotional disorders
maintenance
Interpreter services
transportation
technological aids and devices
transition services
one-the-job or other personal assistance services
supported employment services
Things VR will not pay for
VR will not pay for anything that anyone else would pay for. For example, they would not pay for the tuition for an individual who is receiving a Pell Grant.
VR will not reimburse for things that have already been paid for. VR will not make mortgage or child support payments. VR must use comparable services
and benefits. VR will not buy you a car if you can use the bus to get to work. VR does not have to comply with comparable services and benefits if it is
determined that it would delay services that could cause physical risk or loss of a job placement. VR must also provide assistive technology or accommodations
if needed in order to keep a job, even if the employer would be legally obligated to provide the accommodation.
1998 Amendments
The Rehabilitation Act was amended as part of the Workforce Investment Act of 1998. The emphasis of the amendments is to expand client choice throughout
the VR process. There is also more emphasis on tele-commuting, small business development and self-employment as a vocational option.
Due Process
Individuals are to be informed of their right to appeal VR decisions during the application process, development of the IPE and case closure. The Client
Assistance Program is mandated to provide advocacy services to VR customers. When an appeal is requested, the pending negative action must stop until the
issue is resolved. A complaint can be made directly with a supervisor or and individual can request a hearing before an Independent Hearing Officer. Mediation
is to be offered as an option to resolve issues when a hearing is requested. The VR agency has 60 days from the time the request for hearing is received
to hold the hearing. Individuals can be represented by the Client Assistance Program or any other advocate during the hearing. In Michigan, the district
manager must contact the individual who requests a hearing to try to resolve the issue in an informal review.
If you have questions about your rights as a customer of the Michigan Department of Labor and Economic Growth, contact the Client Assistance Program at
800-292-5896
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